Bombay High Court
M/S Ims Bhatia Transport Contractor A ... vs The Union Of India Through Its Secretary ... on 3 September, 2021
Author: R. N. Laddha
Bench: S. V. Gangapurwala, R. N. Laddha
1 982 wp.9794.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
982 WRIT PETITION NO.9794 OF 2021
M/S IMS BHATIA TRANSPORT CONTRACTOR,
A PARTNERSHIP FIRM THROUGH ITS PARTNER
VERSUS
THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS
...
Advocate for Petitioner : Mr. R. N. Dhorde, i/b Mr. Vikram R. Dhorde.
ASG for Respondents : Mr. A. G. Talhar.
...
CORAM : S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATE : 03rd September, 2021. P.C.: . Mr. R. N. Dhorde, learned senior counsel for the petitioner submits that a partnership firm has no separate legal entity. The
partnership firm is manned by partners. The experience of partners is required to be considered while considering the experience of a partnership firm. The learned senior counsel relies on the judgment of the Apex Court in the case of New Horizon Limited and Anr. Vs. Union of India and Ors., reported in, (1995) 1 SCC 478 and the judgment of the Division Bench of this Court in Writ Petition No.8503 of 2020 dated 19th March, 2021.
2 According to the learned senior counsel for the petitioner, the partner of the petitioner firm has necessary experience. As such the petitioner ought to be held eligible to participate in the tender process. ::: Uploaded on - 06/09/2021 ::: Downloaded on - 10/10/2021 18:44:38 :::
2 982 wp.9794.21.odt 3 Mr. A. G. Talhar, learned ASG waives notice for all the respondents and seeks time upto 14th September, 2021. 4 In the instant tender, all further process would be subject to the decision of the present writ petition. The respondents may proceed further with the tender process, however, shall not issue the work order till the next date.
5 Stand over to 14th September, 2021.
[ R. N. LADDHA, J. ] [ S. V. GANGAPURWALA, J. ] nga ::: Uploaded on - 06/09/2021 ::: Downloaded on - 10/10/2021 18:44:38 :::